Legislative change

Appendix 1 LEGISLATIVE HISTORY

Commonwealth1 State Other

2

1900 Commonwealth power to pay age and invalid pensions.3 An acceptance of community responsibility for the disabled saw the establishment of

institutions. These were often started by parents, and were diagnosis specific. Most

received some financial support from government.4

1908 Invalid and Old Age Pensions Act 1908.5

1941 Civilian Rehabilitation Scheme established.6

1954 Aged and Disabled Persons Homes Act7 supports disabled

accommodation.8

1956 Home Nursing Subsidies Act9 subsidises the expansion of home

nursing services. 10

1963 Disabled Persons Accommodation (Assistance) Act,11

(DPAAA)

supporting organisations providing accommodation to workers in

supported employment.

1967 Sheltered Employment (Assistance) Act12

replaces DPAAA for

Commonwealth grants re supported accommodation.

1968 Handicapped Children’s Benefit Act supports housing disabled

children.13

1969 States Grants (Home Care) Act14

to support States in providing

domestic assistance, and States Grants (Paramedical Services) Act15

to

1 Including reports released where they were commissioned by the government of the time.

2 Including reports released by third parties, precedent setting court cases and other relevant influences.

3 Commonwealth of Australia Constitution Act, s 15xxiii.

4 Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995).

5 Invalid and Old Age Pensions Act 1908 (Cth).

6 Janet Phillips, Disability Support and Services in Australia (2008)

7 Aged and Disabled Persons Homes Act 1954 (Cth).

8 A function previously carried out by the States.

9 Home Nursing Subsidies Act 1956 (Cth).

10 A function previously carried out by the States.

11 Disabled Persons Accommodation (Assistance) Act 1963 (Cth).

12 Sheltered Employment (Assistance) Act 1967 (Cth).

13 Previously the responsibility of the States.

© Naomi Anderson 2013

Page 2 of 12


2

support States in providing paramedical services for aged or disabled

people living at home. States Grants (Nursing Homes) Act16

to

support States in increasing number of nursing home places for the

‘sick aged of little means’ and those with severe disability. 17

197018

Delivered Meals Subsidy Act19

subsidises delivering meals to

disabled. Handicapped Children's Assistance Act20

subsidises training

& accommodation.21

Disability rights movements gained

strength in the 1970s and pressure for

deinstitutionalisation began to mount.

1971 Senate Inquiry: Mentally and Physically Handicapped Persons in

Australia22

United Nations Declaration on the

Rights of Mentally Retarded Persons

1972

1973

1974 Handicapped Child’s Allowance23

for parents of severely handicapped

children requiring constant care and attention at home.24

Nursing

Homes Assistance Act25

funding charitable nursing homes, allocation

of 5% of beds for non aged disabled.

Handicapped Persons Assistance Act26

(HPAA) significantly

increased funding for training, therapy, rehabilitation.

The Committee of Enquiry into Compensation and Rehabilitation, and

Commission of Enquiry into Poverty re national rehabilitation service

United Nations Declaration of Rights

of Disabled Persons

14

States Grants (Home Care) Act 1969 (Cth). 15

States Grants (Paramedical Services) Act 1969 (Cth). 16

States Grants (Nursing Homes) Act 1969 (Cth). 17

Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995). 18

From 1970, every year is shown, even when there is no activity. This is intended to give the reader a greater sense of the uneven progression of change across time. 19

Delivered Meals Subsidy Act 1970 (Cth). 20

Handicapped Children's Assistance Act 1970 (Cth). 21

Previously a State responsibility. 22

NB: Senate Inquiries are reported from 1970 only, due to limitations in the data available on the Parliamentary website. Only final reports are listed, and inquiries into Parliamentary references are excluded. 23

Handicapped Child’s Allowance Act 1974 (Cth). 24

Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011). 25

Nursing Homes Assistance Act 1974 (Cth). 26

Handicapped Persons Assistance Act 1974 (Cth).


Page 3 of 12


2

assist people to become more active in the community.27

Senate Inquiry: Rehabilitation Services for the Disadvantaged

(Handicapped)

1975

1976

1977 Royal Commission on Human Relationships of 1977; inadequacy of

disability programs and detrimental consequences of focus on

exclusion.28

Report of the Victorian Committee on Mental

Retardation suggests major shift away from

institutionalisation.29

1978

1979

1980 The 1980s saw an intensification of the

deinstitutionalisation movement.

1981 International Year of Disabled Persons

The beginning of a period where both State and Commonwealth governments began to take over the administration of

disability education from the charities. State governments also began to expand their role in services for intellectual

disability and mental health.30

First Australian Bureau of Statistics

(ABS) survey of disability in

Australia.31

10.9:100 ratio for disabled under 65

institutionalised vs living in

households32

1982 Report of the Ministers Committee for

Intellectually Handicapped person, which leads

to protections for people with intellectual

disability and the establishment of the Office of

the Public Advocate (OPA).33

27

Brian Howe, 'Empowering the Disabled' (Paper presented at the ACE National Conference, Sunshine Coast, 2004), 2-3. 28


retardaCommittee on Mental Retardation, Parliament of Victoria, Report of the Victorian Committee on Mental Retardation (1977). 30


Australian Bureau of Statistics, Handicapped persons, Australia, 1981 (1981). 32

Australian Institute of Health and Welfare, Australia’s welfare 1997: services and assistance (1997), 335-6. 33

Committee on Rights and Protective Legislation for Intellectually Handicapped Persons, Parliament of Victoria, The protection of intellectually handicapped persons and the preservation of their rights (1982).


Page 4 of 12


2

1983 The Spouse Carer’s Pension introduced, payable to a man caring for

his severely handicapped wife if she required constant care and

attention in the matrimonial home. 34

Mobility Allowance payable to severely handicapped persons unable

to use public transport. 35

Governmental review of HPAA programs, received scathing feedback

about form, type and culture of services, and lack of integration with

community.36

Establishment of the Disability Advisory Council of Australia.

1984 Report of the Committee on the Legislative

Framework for Services to Intellectually

Disabled Persons.37

1985 Spouse carer’s pension became the Carer’s Pension. 38

Disability Services Act39

providing funding for a much broader range

of services, and confirming rights for the disabled. Home and

Community Care Act40

enacted to subsume previous Acts supporting

home based care of the elderly and disabled.

Review of Handicapped programs41

recognises need for cultural

change, and reduced emphasis on disadvantage, with more focus on

improving capacity.

The Office of Disability established.

1986 Home and Community Care Program commences, joint initiative

between States and Commonwealth to avoid inappropriate hospital

admissions for those who can be cared for in the home

Guardianship and Administration Act 1986

(Vic)

Intellectually Disabled Persons' Services Act43

34


Ibid. 36

Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995) 37

Committee on a Legislative Framework for Services to Intellectually Disabled Persons, Parliament of Victoria, Report of the Committee on a Legislative Framework for Services to Intellectually Disabled Persons (1984). 38

Dale Daniels, above n 433. 39

Disability Services Act 1985 (Cth). 40

Home and Community Care Act 1985 (Cth) 41

Handicapped Programs Review (Australia), Parliament of Australia, New directions: report of the Handicapped Programs Review (1985).


Page 5 of 12


2

Establishment of the Human Rights and Equal Opportunity

Commission42

Mental Health Act 1986 (Vic)

1987 Child Disability Allowance replaced Handicapped Child’s

Allowance.44

Report of the OPA on the Criminal Justice

System and the Person with an Intellectual

Disability45

1988 Carers Pension extended to non family members46

Disability Task Force established.47

‘Towards Enabling Policies: Income Support for People with

Disabilities’ report48

Report of the OPA into a Study of People with

Intellectual Disabilities as Victims of Crime49

1989

1990 Senate Inquiry: Accommodation for People with Disabilities

1991 Commonwealth State Disability agreement signed50

Disability Support Pension replaced Invalid Pension51

Senate Enquiry: Social Security (Disability and Sickness Support )

Amendment Bill 1991.

Disability Services Act52

1992 Disability Discrimination Act 1992; Modifications to the Disability

Services Act.

Senate Enquiry: Disability Discrimination Bill 1992 and Human

Rights and Equal Opportunity Legislation Amendment Bill 1992

Senate Inquiry: Employment of People with Disabilities

43

Intellectually Disabled Persons’ Services Act 1986 (Vic). 42

Human Rights and Equal Opportunity Commission Act 1986 (Cth). 44


Office of the Public Advocate, (Vic), Finding the way: The criminal justice system and the person with an intellectual disability (1987). 46


D. Cameron and F. Valentine, Disability and federalism: comparing different approaches to full participation (2001), 65. 48

B. Cass, F. Gibson and F Tito, Towards Enabling Policies: Income Support for People with Disabilities, Issues Paper No.5 (1988). 49

Office of the Public Advocate (Vic) et al, Silent victims: A study of people with intellectual disabilities as victims of crime (1988). 50

Janet Phillips, Disability Support and Services in Australia (2008). 51


Disability Services Act 1991 (Vic).


Page 6 of 12


2

1993 Disability Services Standards agreed amongst Australian

governments.53

Burdekin Report54

people with psychosocial disability experience

widespread systemic discrimination and denial of rights.

United Nations Standard Rules on the

Equalisation of Opportunities for

Persons with Disabilities

ABS Survey ‘Handicapped Persons,

Australia, 1993’ reports 5.1:100 ratio

institutionalisation.55

1994 Further Modifications to the Disability Services Program, following

ongoing opposition from sheltered workshops and other services to

conform to the requirements of the Act. Requirements for sheltered

workshops reduced.56

Ten year Commonwealth Disability Strategy released, requiring

government departments to lodge Disability Action Plans with the

Human Rights and Equal Opportunity Commission.57

Senate Inquiry: Matters Pertaining to the Marketing of the Disability

Reform Package

X v Tasmania58

finds employer

discriminated on basis of mental

illness.

Maurice Corcoran reaches conciliated

agreement to prevent purchase of more

inaccessible public transport in South

Australia.59

Kevin Cocks case sets precedent for

access to public buildings.60

1995 Baume Review: highly critical of Disability Services Program and

emphasis on inputs and funding rather than outcomes for clients, lack

of performance criterion and reporting and inequitable distribution of

services, and a failure to cease block funding arrangements. 61

Initial amendment to Human Rights Legislation62

in response to

decision in Brandy.63

Telstra ordered to provide TTY

equipment to customers with hearing

impairment.64

High Court finds determination powers

of Human Rights Commission

unconstitutional.65

53


B Burdekin, M Guilfoyle and D Hall, Report of the National Inquiry into the Human Rights of People with Mental Illness (1993). 55

Australian Institute of Health and Welfare, Australia’s welfare 1997: services and assistance (1997), 335-6. 56

Mary Lindsay, Background Paper 2 1995-96, Commonwealth Disability Policy 1983-1995 (1995) 57

Department of the Senate - Disability Action Plan <http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate/Annual_Reports/Annual_Report_2010-2011/Disability_action_plan> at 12 February 2013 . 58

X v Tasmania [1994] HREOCA 15. 59

Australian Human Rights Commission, 20 Years 20 Stories: Access for All (2010) <http://humanrights.gov.au/podcasts/2010/podcast_2010_2.mp3 > at 13 February 2013. 60

Cocks v State of Queensland [1994] QADT 3. 61


Human Rights Legislation Amendment Act 1995 (Cth). 63

Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245.


Page 7 of 12


2

Industry Commission Inquiry into Charitable Organisations, and

National Competition Policy (Hilmer Reforms) continued to seek

accountability, transparency and safeguards in disability services,

especially those managed by charitable organisations.

1996 Implementation of the Strategies Review of the Disability Strategy,

and performance-based funding suspended.66

Review of the Commonwealth-State Disability Agreement, including

demand figures on unmet need.

Australian Law Reform Commission

report67

echoed Baume Review, but

also commented on need for complaint

procedures and appeal processes.

Australian Human Rights Commission

proposes disability employment

standards, unable to reach agreement.68

1997 Crimes (Mental Impairment and Unfitness to be

Tried) Act 1997

University ordered to move graduation

ceremony to accessible venue.69

1998 Disability, Ageing and Carers,

Australia: Summary of Findings 199870

Guidelines for Providers of Insurance

and Superannuation released by

Human Rights Commission71

Council found to discriminate by

approving inaccessible development.72

1999 Carer Allowance replaced Child Disability Allowance73

2000 Human Rights Legislation Amendment74

comes into force, reducing

Human Rights Commission powers to conciliations following decision

Report of the Victorian Auditor General into

Services for People with an Intellectual

Electoral Council of Australia agrees

to look into access for polling booths

64

Scott and Disabled Persons International v Telstra [1995] HREOCA 24. 65

Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245. 66


Australian Law Reform Commission, Making Rights Count: Services for People With a Disability, ALRC 79 (1996). 68

Australian Human Rights Commission, 'Initial Draft: Disability Standards for Employment' (1996) . 69

Bradley Kinsella v Queensland University of Technology (1997) HREOCA. 70

Australian Bureau of Statistics, 'Disability, Ageing and Carers, Australia: Summary of Findings 1998' (1998). 71

Human Rights and Equal Opportunity Commission, Guidelines for Providers of Insurance and Superannuation (1998). 72

Ian Cooper on behalf of North Coast Dial Inc. v. Coffs Harbour City Council (1998) HREOCA. 73

Dale Daniels, Social security payments for the aged, people with disabilities and carers 1901 to 2010 (2011).


Page 8 of 12


2

in Brandy.75

Disability76

following Human Rights Commission

complaint.77

2001 Report of the Review Panel Appointed to

Consider the Operation of the Disability

Services Statewide Forensic Service 78

2002 Senate Inquiry: Education of students with disabilities Standards for Public Transport Access

signed.79

2003 Report of the Victorian Law Reform

Commission into People with Intellectual Disabilities at Risk

80

Disability, Ageing and Carers,

Australia: Summary of Findings

2003.81

High Court rejects presumption of

requirement for reasonable

adjustment.82

2004 Senate Inquiry: Provisions of the Disability Discrimination

Amendment Bill 2003

Senate Inquiry: Disability Discrimination Amendment (Education

Standards) Bill 2004

2005 Standards for Education.83

2006 Special Disability Trusts introduced.

Senate Inquiry: A national approach to mental health: From crisis to

Disability Act 200685

Office for Disability established

Human Rights Commission publishes

report on low employment levels of

disabled people and recommendations

74

Human Rights Legislation Amendment Act (No 1) (1999) (Cth). 75

Brandy v Human Rights and Equal Opportunity Commission (1995) 183 CLR 245. 76

Auditor General Victoria, Services for people with an intellectual disability (2000). 77

Australian Human Rights Commission, 'Paving the way to Electoral Equality: New Access Standards for Polling Booths' (2000) <http://www.humanrights.gov.au/about/media/media_releases/2000/00_8.html> at 31 December 2012. 78

Review Panel Appointed to Consider the Operation of the Disability Services Statewide Forensic Service, Report of the review panel appointed to consider the operation of the Disability Services Statewide Forensic Service (2001). 79

Disability Standards for Accessible Public Transport 2002 (Cth). 80

Victorian Law Reform Commission, People with intellectual disabilities at risk: A legal framework for compulsory care (2003). 81


Purvis v New South Wales (Department of Education and Training) (2003) HCA 62. 83

Disability Standards for Education 2005 (Cth).


Page 9 of 12


2

community

Review of Commonwealth Disability Strategy identifies variability

between departments, recommending appointment of a lead

department.84

Charter of Human Rights and Responsibilities86

for improvement.87

Public Service survey identifies

declining rates of employment of

disabled people.88

2007 Public sector employment reporting transferred to Australian Public

Service Commission.89

Senate Inquiry: Funding and operation of the Commonwealth

State/Territory Disability Agreement recommends increased funding

for disability and a co-ordinated strategy for disability90

Intellectual Disability in Victorian Prison

System Report91

Criminal Justice Practice Manual92

Disability Services Commissioner established93

AIHW report describes significant

unmet need in disability services and

projects increasing need94

2008 Ratification of Convention on Rights of People with Disability

(CPRD)95

Disability Investment Group convened96

to explore innovative funding

ideas for disability.

Aviation Access Working Group (AAWG) established97

National Disability Council established98

85

Disability Act 2006 (Vic). 84

Erebus International, Report of the evaluation of the Commonwealth Disability Strategy [electronic resource] / Erebus International, PANDORA electronic collection (2006). 86

Charter of Human Rights and Responsibilities Act 2006 (Vic). 87

Australian Human Rights Commission, 'WORKability II: Solutions - People with Disability in the Open Workplace, Final Report of the National Inquiry into Employment and Disability' (2005). 88

Management Advisory Committee, Parliament of Australia, Employment of people with disability in the APS / Management Advisory Committee (2006). 89

Department of the Senate - Disability Action Plan .<http://www.aph.gov.au/About_Parliament/Parliamentary_Departments/Department_of_the_Senate/Annual_Reports/Annual_Report_2010-2011/Disability_action_plan> at 12 February 2013. 90

Standing Committee on Community Affairs, Parliament of Australia, Funding and operation of the Commonwealth State/Territory Disability Agreement (2007). 91

Department of Justice - Corrections Victoria, Intellectual Disability in the Victorian Prison System - Characteristics of prisoners with an intellectual disability released from prison in 2003-2006 (2007). 92

Victorian Government Department of Human Services, Criminal Justice Practice Manual (2007). 93

Under Disability Act 2006 (Vic). 94

Australian Institute of Health and Welfare, 'Current and Future Demand for Specialist Disability Services' (2007) 8 June 2007 <http://www.aihw.gov.au/publication-detail/?id=6442467994> at 6 December 2012. 95

Convention on the Rights of Persons with Disabilities 2006, Australian Treaty Series [2008] ATS 12. 96

Eilionóir Flynn, From Rhetoric to Action: Implementing the UN Convention on the Rights of Persons with Disabilities (2011), 138. 97

Australian Human Rights Commission, 'Twenty Years Twenty Stories Timeline' (2013) <http://www.humanrights.gov.au/twentystories/timeline.html> at 1 March 2013.


Page 10 of 12


2

Senate Inquiry: Building trust: Supporting families through disability

trusts reports low uptake of disability trusts due to restrictive design99

Senate Inquiry: Towards recovery: Mental health services in Australia

2009 Shut Out Report100

finds significant flaws in the delivery of services

for disabled people, and ongoing

Pension Review Report recommends consideration of national

disability insurance scheme.101

PriceWaterhouse Coopers Disability Investment Group outlines

proposal for a National Disability Insurance scheme.

Disability Investment Group (DIG) Report102

recommends national

disability insurance scheme, disability trusts, savings and investment

incentives, private housing investment, improving employment

opportunities, and best practice research.103

Senate Inquiry: Disability Discrimination and Other Human Rights

Legislation Amendment Bill 2008 [Provisions]

Human Services (Complex Needs) Act 2009

(Vic)

Disability, Ageing and Carers,

Australia: Summary of Findings

2009104

2010 Electoral Amendment Act105

enacted to provide electoral access and

privacy to vision impaired people.

National Dialogue on Universal Housing Design released.106

Senate Inquiry: Planning options and services for people ageing with a

disability

Equal Opportunity Act 2010 (Vic)

Supported Residential Services (Private

Proprietors) Act provides additional protections

for tenants of supported accommodation.107

Inquiry into Supported Accommodation

98

The Hon Jenny Macklin MP, 'Media Release: National disability council meets for the first time' (2008) <http://jennymacklin.fahcsia.gov.au/node/218> at 9 December 1012 99

Standing Committee on Community Affairs, Parliament of Australia, Building trust : supporting families through disability trusts (2008). 100

National People with Disabilities and Carers Council, Shut out : the experience of people with disabilities and their families in Australia : National Disability Strategy consultation report (2009). 101

Dr Jeff Harmer and Housing Department of Families, Community Services and Indigenous Affairs, Pension Review Report (2009), xix. 102

Disability Investment Group, The Way Forward: A New Disability Policy Framework for Australia (2009). 103

Eilionóir Flynn, From Rhetoric to Action: Implementing the UN Convention on the Rights of Persons with Disabilities (2011), 138. 104


Electoral and Referendum Amendment (Pre-poll Voting and Other Measures) Act 2010 (Cth). 106

Housing Department of Families, Community Services and Indigenous Affairs, 'National Dialogue on Universal Housing Design - Strategic Plan' (2010) <http://www.fahcsia.gov.au/our-responsibilities/disability-and-carers/program-services/government-international/national-disability-strategy/livable-housing-design/national-dialogue-on-universal-housing-design-strategic-plan?HTML> at 3 January 2013. 107

Supported Residential Services (Private Proprietors) Act 2010 (Vic).


Page 11 of 12


2

2011 National Disability Strategy released.108

Productivity Commission recommends National Disability Insurance

Scheme109

Senate Inquiry: Disability and Ageing: lifelong planning for a better

future

Senate Inquiry: Disability Impairment Tables: Provisions of Schedule

3 of the Social Security and Other Legislation Amendment Bill 2011

Senate Inquiry: The administration and purchasing of Disability

Employment Services in Australia

Senate Inquiry: Commonwealth funding and administration of mental

health services

Access to Premises Standards.110

NSW accessibility standards for taxis

changed as a result of Federal Court

complaint.111

2012 National Mental Health Commission established.112

Carers Recognition Act113

VLRC Guardianship Report114

Shadow Report to United Nations on

CPRD115

Legal Australia-Wide survey116

“Two wheelchair” policy excluding

wheelchair users from Jetstar flights

upheld on basis of unjustifiable

hardship.117

2013 National Disability Insurance Act118

Inquiry into justice system and people with an

intellectual disability (Vic)119

Federal Court finds for Disability

Commissioner seeking audible train

108

Housing Department of Families, Community Services and Indigenous Affairs, (Cth), National Disability Strategy, 2010-2020: An initiative of the Council of Australian Governments (2011). 109

Productivity Commission, Disability Care and Support (2011). 110

Disability (Access to Premises – Buildings) Standards 2010 . 111

Killeen v Combined Communications Network Pty Ltd [2011] FCA 27. 112

Australian Human Rights Commission, 'Twenty Years Twenty Stories Timeline' (2013) <http://www.humanrights.gov.au/twentystories/timeline.html> at 1 March 2013. 113

Carers Recognition Act 2012 (Vic). 114

Victorian Law Reform Commission, Guardianship Final Report 24 (2012). 115

Disability Representative Advocacy Legal and Human Rights Organisations, above n 124. 116

Christine Coumarelos, above n 107. 117

King v Jetstar Airways Pty Ltd (No2) [2012] FCA 8. 118

National Disability Insurance Act 2013 (Cth).


Page 12 of 12


2

announcements.120

Key:121

Liberal/National/Coalition

government

Labor government

119

Law Reform Committee, Parliament of Victoria, Inquiry into access to and interaction with the justice system by people with an intellectual disability and their families and carers (2013). 120

Innes v Rail Corporation of NSW (No 2) [2013] FMCA 36. 121

The government in power is noted only by year, and not by date. Where a change occurred, if the change was in the latter half of the year, the outgoing government is noted as they were in power for the majority of the year. It is also noted that reports commissioned, enquiries commenced, and legislation proposed can cut across these timeframes. A broad reaching enquiring commenced by one government may report back under another government, and the legislative reform recommended, and implemented, be attributed to them. On the assumption that this applies to both parties equally, not further attempt is made to break down the time periods, or attribute causality to change.

Career

Legislative change